The privileges of the House of Commons. which will first claim attention, are those that are most certain and notorious. The most valuable and least subject to dispute, is

I. Their emphatic claim to "the sole right of beginning "the grants of Aids and Supplies, and of directing and "limiting the ends, purposes, considerations, and qualifi "cations of such grants, without the Lords having the "power to alter or change them.” (b)

ture.

With regard to this, it is the ancient indisputable privilege and right of the House of Commons, that all grants. of subsidies or parliamentary aids, do begin in their House, and are first bestowed by them (c); although their grants are not effectual to all intents and purposes, until they have the assent of the other two branches of the LegislaThe true reason of this, arising from the spirit of our constitution, seems to be-that the Lords being a permanent hereditary body, created at pleasure by the King, are supposed to be more liable to be influenced by the Crown--and when once influenced to continue so, than the Commons, who are a temporary elective body, freely nominated by the people. It would be, therefore, extremely dangerous to give the Lords any power of framing new taxes for the subject; it is sufficient that they can reject, if they think the Commons too lavish or improvi-. dent in their grants (d). And, indeed, this important privilege may be said to be the life and soul of the House of Commons, for at the dissolution of Parliament (at all times in the power of the Crown, the Commons completely vanish, whereas the Lords, being an hereditary body, still exist. Aware, therefore, of the advantages they derive from the power of granting the supplies to the Crown, the Commons have, at all times, watched over this privilege

with the most fostering and anxious solicitude. Hence the warmth, and even resentment, which they have so often evinced in rejecting amendments proposed by the Lords to their Money Bills.*-See further Chapter IX. "On Money Bills."

II. It is their sole right to enquire into the Election of And as to the Members of their own House. Relative to this, see Members.

Chapter V." On Election Petitions."

Election of their

As to Impeach

III. Another valuable privilege possessed by the House of Commons, is the power of Impeaching public delin- ment. quents, even the highest Lord, Spiritual or Temporal, in the realm. See Chapter XVIII." On Impeachment."

IV. The House of Commons, although its Members do not, like the Lords, possess the power of protesting, individually, against any measure, may enter their dissent or remonstrances against the King and Lords, upon their Journals (e).

V. They also possess, in common with the Lords, the privilege of franking a certain number of letters daily through the Post Office, whether the House be sitting or not.t

Remonstrances

Of Franking.

* The last time the Lords contended with the Commons respecting their right to amend a Money Bill, was in 1671, during the reign of Charles II. ; when the altercation between the two houses rau so high, that the King was compelled to prorogue the Parliament, notwithstanding be thereby lost the intended supplies. In 1772 they rejected the amendments made by the Lords to the Corn aud Grain bills, on the ground that "the Lords had no right to alter a bill by which money "was to be levied on the subject." Ever since, this momentous privilege of the Commons has remained undisputed.

(e) Key, 84, note-C. J. 14 Dec. 1641.

† Members of the Legislative Council and Assembly of this Province do not possess the privilege of Franking; an Act passed the Colonial Legislature in 1837 conferring it upon them, but although it received the assent of the Governor it was subsequently disallowed by the Crown.

The postage for Letters and Packets on the public servicc is defrayed out of the Contingencies of the Legislature, by a Sessional Resolution of the House, which, though it does not regulate the number of Letters and Packets that may be sent and received by Members daily, generally limits the weight of them to 1oz. each, all over which must be defrayed by the Members.

Its origin, &c.

Present state.

Of expelling

This privilege was claimed by the Members of the House of Commons on the first legal settlement of the present Post-Office establishment, in 1661—when a proviso was introduced into the Post-Office bill for that purpose, but it was disallowed by the Lords (f). The claim, however, was only dropped upon a private assurance from the Crown that this privilege should be allowed the Members, and a warrant was accordingly issued for that purpose (g). It was at last expressly confirmed by 4 Geo. III. ch. 24; and by subsequent statutes (h), many abuses which had crept in have been restrained. The Commons are privileged to frank immediately on their election, but no Member can send more than ten, nor receive more than fifteen, free from postage, in one day.

VI. The House of Commons has, also, with the Lords, their Members. the power of expelling its Members for offences either against the House, or the State (i), but they have relinquished the power formerly exercised of disabling them from being re-elected (k), See further Chapter IV. "On Members (of the House of Commons)."

Freedom from arrest.

Its duration.

VII. The privilege of freedom from arrest is one of the most important and necessary privileges belonging to the Houses of Parliament. No Member of either House can be arrested, except in the cases hereinafter-mentioned, without a breach of the privileges of Parliament; but by the 10 Geo. III. c. 50, a Member may be sued and his goods sequestrated.

The duration of this privilege is no where precisely determined. It certainly, however, is the received opinion that it extends to forty days after every prorogation and forty days before the next appointed meeting-and after

(h) 24 Geo. III. ch. 37. s. 7. 35 Geo. II1. ch. 53. 42 Geo. III. ch. 63. See now the General Franking Act, 1 Vict, ch. 35.

a dissolution, to a reasonable time* to return home (7); which is now, in effect, as long as the Parliament exists, it being seldom prorogued for more than fourscore days at a time (m).

This privilege from arrest, privileges of course against all process, the disobedience to which is punishable by an attachment of the person; as a subpoena ad respondendum or testificandum, or a summons on a jury,—and with reason, because a Member has important duties to perform elsewhere.

Privilege from arrest takes place by virtue of the election, and before a return is made,-for a Member elected is to all intents a Member except that he must not vote until he be sworn (n).

And extent.

party to be deli

custody.

Each House of Parliament may release any one entitled How privileged to privilege (a), and inflict punishment by censure, on the vered out of arresters. The manner of delivery has been, ever since the reign of Queen Elizabeth, by virtue of a Writ of Privilege, or by a Writ of Habeas Corpus issued in obedience to the Speaker's Warrant, made by order of the House (b). In any case now to arise, the same prudent course of scrupulously using some form and process of law, would probably be persisted in. The House of Commons has not abandoned their claim to the power of releasing their own Members arrested under civil process, by their own officers, et propria vigore, though for a length of time, they may have refrained from exercising it (c). But how, it is material to learn, is

* The old words are "Eundo, Morando, et propria Redeundo,"—but there can be very little doubt that it extends to the term of forty days before and after the sitting of Parliament, from the fact that the privilege of Franking has the same limit of forty days assigned to it by statute, thereby implying, that that is considered the natural term of Parliamentary privilege.

During Recess or Dissolution.

Where freedom

allowed.

a party to be delivered out of custody when arrested in civil suit, supposing the Parliament not to be sitting, or to be dissolved in what manner can Courts of Justice take

cognizance of privilege of Parliament ? For in a case (0) where a letter was written by the Speaker to the Judges to stay proceedings against a privileged person, they rejected it, as contrary to their oath of office. These objects may be effected in two ways: 1st. the discharge of such privileged person may be procured by writ of privilege (p), in nature of a supersedeas. 2dly. Such arrest being irregular, ab initio (q), the party may be discharged upon motion (r); he may move the Court from which the process issued, that he may be discharged upon filing common bail (s).

This privilege from arrest does not extend to cases of from arrest is not Treason (t), Felony (u), Breach of the Peace, or refusing to give security for the same (v), disobeying Writ of Habeas Corpus (w), Contempt of Civil (x) though not of Ecclesiastical (y) Courts, Seditious Libels (2), or indeed any indictable offence (a), Trials by Courts Martial, whether Naval (b), or Military (c), or to prosecutions or proceedings for keeping Gaming-houses (d). The only privilege of Parliament in such cases seems to be the right of receiving immediate information of the imprisonment or detention of the Member, with the reason for which he is

(0) Hodges v. Moore, as reported by Latch, 15, 48, 150. Noy, 83. Previous to this case, no objection was made by the Judges to the Speaker's letter, but the party was immediately delivered thereupon.

(x) Mr. Long Wellesley's case, C. J. 26 July, 1831. Mr. E. L. Charlton, C. J.

16 Feb. 1837.

(y) 2 & 3 Wm. IV. ch. 93, s. 1.

(a) C. J. v. 86, p. 701.

(c) C. J. v. 58, p. 597.

(z) C. J. and L. J. 29 Nov. 1763.

(b) C. J. v. 62, p. 145.

(d) 18 Geo. II. ch. 34, s. 7.